American State Trials, Volume Ten, published in 1918 by John Davison Lawson, LL.D.
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American State Trials Volume 10 (1918) by John D. Lawson, LL.D.
Beginning on page 182, an interpretation of the Leo M. Frank case by John D. Lawson favoring the defense position is featured and then followed by an abridged
version of the 1913 Leo Frank trial testimony (July 28, 1913 to August 21, 1913).
Leo Frank was charged with the Confederate Memorial, Saturday, April 26, 1913, murder of little Mary Phagan (If you would like to read the unabridged version of the Leo Frank trial testimony, download the more complete 1913 Leo Frank Trial Brief of Evidence from www.Archive.org
The elusive closing arguments (August 21 to 25, 1913) of State's Prosecution Lawyers, Hugh M. Dorsey and Mr. Frank Arthur Hooper, and Leo Frank's Defense Team Attorneys, Reuben Rose Arnold and Luther Zeigler Rosser
Concerning the closing arguments delivered orally at the conclusion of the Leo Frank trial, no other source of them are known to exist, except for the three local Atlanta newspapers at the time (Constitution, Journal and Georgian), that published the abridged closing arguments after the 1913 Leo M. Frank trial (July 28, 1913 to August 21, 1913) came to a close.
Leo Frank getting the last word at his trial.
The four separate closing arguments are required reading, as they summarize the most salient points of the Leo Frank Trial. Be sure to read them in this volume.
At high-noon on August 25, 1913, after Dorsey concluded his final arguments, the presiding judge gave the jury its instructions (4 pages). The jury was sent away to private quarters, where they deliberated for 2 hours, upon returning to the courtroom, they unanimously convicted Leo M. Frank and also recommended that he be sentenced to death. The presiding Judge Leonard Strickland Roan agreeing with the verdict and death sentence, affirmed them both, with the sentencing added in the official record, scheduled for October 10, 1913. After a failed appeal for a new trial to the trial judge, followed by review from the Georgia Supreme Court.
The Georgia Supreme Court ruled the trial evidence was sufficient for a guilty verdict.
Superior Court Judge Benjamin H. Hill, sentenced Leo Frank to hang on his 30th birthday, April 17, 1914 (born April 17, 1884).
The chronology of post trial conviction appeals (August 27, 1913 to April 1915) is highlighted with some commentary, however if you want to read the 1,800 pages of legal documents detailing the criminal activity of the Leo Frank defense team, you will need to read the Leo M. Frank Georgia Supreme Court case documents and responses of Hugh M. Dorsey made to the criminal conspiracy that occurred during the Frank appeals process.
The major pivotal event at the conclusion of the 2 years of failed appeals was the controversial commutation of Leo Frank's death sentence, reduced to life in prison, on June 21, 1915, by one of Frank's attorneys closest business associate. The outgoing and corrupt Governor John M. Slaton, was a senior law partner and part owner of the law firm representing Leo Frank at his 1913 murder trial. The firm was called, 'Rosser, Brandon, Slaton
and Phillips', the 'Slaton' was Governor John M. Slaton. This powerful lawfirm had formed in early July, 1913, three weeks before the Leo Frank trial began.
July 17, 1915
At the Milledgeville Prison Farm, William Creen, a fellow psychopathic murderer and a prison inmate sentenced to life, "shanked" Leo Frank while he was sleeping, using a seven inch butcher knife. Leo Frank barely survived the attack.
August 17, 1915
Finally a very detailed account of the events leading up to the abduction of Leo Frank from the Milledgeville prison on the evening of August 16, 1915 and his lynching the morning of August 17, 1915 is provided.
Politics and Tensions
What made the sensational month long murder trial so unlikely from the start and caused this case to later be followed nationally by the curious public, is not just the international Jewish media campaign attempting to frame the case as an injustice, but it would be the first time across American history, in the Black and White racially segregated South, the testimony of two African-Americans, Jim Conley and Newt Lee, would become an integral part of the overall collective testimony and evidence presented to an all White jury, that helped to successfully convict a White man.
The Selig's personal cook Magnolia "Minola" McKnight
On June 4th 1913, the Selig's African-American cook, Minola McKnight, would deny her shocking June 3rd 1913 affidavit, known as State's Exhibit J. The halfhearted repudiation of her incriminating deposition to the police would not be believed when all things were considered. Thus Minola McKnight, would become the 3rd African-American whose evidence would help build the case against Leo Frank. Though it was Minola's husband Albert McKnight who ultimately tipped off the police leading to the creation of State's exhibit J. Albert had informed his boss at the Greg hardware company about what his wife told him in private about the Selig family. Albert's affidavit was only recently released online after having been suppressed by Leo Frank's defenders for almost 100 years.
What is State's Exhibit J?
State's Exhibit J, is about conversations Minola McKnight had with Lucille Selig Frank concerning what transpired on the late evening of April 26, 1913, at around 10:30pm. Allegedly, it was during that fateful evening, a drunk, remorseful and suicidal Leo Frank, confessed to his wife in a roundabout way to killed Mary Phagan. Leo Frank broke down in dismay and told Lucille Selig Frank he didn't understand why he would murder. Leo Frank then asked Lucille to get his pistol so he could shoot himself. Frank then made his wife sleep beside their bed on a floor rug. Their bedroom was above the dining room, where the phone would ring off the hook all night long.
The most important testimony at the trial did not come from the African-American janitor Jim Conley or the African-American Nightwatchman Newt Lee, but from a Goldilocks 14 year old White girl named Monteen Stover who stood at only 5'1" tall (or two inches taller than Mary Phagan), she inadvertently broke Leo Frank's alibi wide open.
Breakthrough at the National Pencil Company, Saturday, May 3rd, 1913
Monteen Stover, like Mary Phagan had been temporarily laid off on Monday, April 21, 1913, because of the late shipment of brass sheet metal at the factory. Stover was unaware that signs had been posted around the factory (4 on every floor) that because of the State holiday, Confederate Memorial Day falling on a Saturday, would necessitate employees being paid off on Friday evening, April 25, 1913, instead of the normal payoff time at noon.
On May 3, 1913, the following Saturday after the murder of Mary Phagan, Monteen Stover had returned to collect her pay envelope at the factory's business office on the second floor, she had been unable to get her wages the Saturday before on April 26, 1913, because Leo M. Frank was not there at the normal prescribed time people regularly would come to pick up their paychecks every Saturday at noon. For Monteen Stover this precise time was 12:05 pm to 12:10 pm, April 26, 1913, she knew the specific time because she looked at the large wooden clock on Leo Frank's wall.
With this curious information provided by Monteen Stover to investigators who were at the factory on Saturday, the police followed up, approached an oblivious Leo Frank in jail on Sunday, May 4th, 1913, and asked him about where he was that Saturday afternoon from noon onward.
Leo Frank specifically told detective John R. Black and Pinkerton detective Harry A. Scott that he was in his second floor office at the factory every single minute from noon to 12:45pm. These investigators then asked Frank if he was in his office every minute between noon and 12:30pm, followed by Frank saying yes.
To compound problems for Leo Frank, after being sworn under oath, he told the Coroners Inquest Jury on Monday, May 5th, & again on Thursday, May 8th 1913, he did not use the bathroom at all on April 26, 1913, leaving the Coroner Paul Donehoo and his jury of six men incredulous as would be expected. The Coroner also asked Leo Frank if he left his office at all between noon and 12:15pm on the day of the murder, and Leo Frank replied "No" (AC, AG, AJ, Coroner's Inquest, May 5th, & 8th, 1913).
Monteen Stover Character Witness
What made matters most ironic was that Monteen Stover liked Leo Frank on a personal level, tending to be a positive character defense witness for Leo Frank at the trial, by countering the numerous pedophilia allegations that came from former employees of the pencil factory. More than a bakers dozen of pre-teen and teenage girls who worked in various positions as child laborers in the sweatshop like environment of the National Pencil Company, testified Leo Frank made unmistakable and aggressive sexual, pedophile and lascivious innuendos towards them. The defense refused to cross examine these 19 girls for fear they might reveal all the lurid details about what happened.
Leo Frank was not in his office from 12:05 PM to 12:10 PM on April 26, 1913
Monteen Stover testified to the grand jury and petite trial jury the fact about Leo Frank not being in either his inner or outer second floor business office between 12:05pm and 12:10pm on April 26th 1913. Monteen Stover said when she had arrived in Leo Frank's office, she looked around for Leo Frank and waited in his second floor office for 5 minutes from 12:05pm to 12:10 pm, because she wanted to collect her weekly pay due to her every Saturday at noon (No one ever disputed this fact at the trial or appeals, not even the defense lawyers). The accounting records indicated Monteen Stover was telling the truth about being owed money, and Saturday was the day employees were scheduled to be paid off according to others who testified.
When Monteen Stover couldn't find Leo Frank, she then looked down the hall from Leo Frank's second floor office, directly at the glass door of the metal room, describing it as being closed shut. Stover left at 12:10PM, because she thought the factory might have been deserted. When asked how she knew what time it was, she answered the clock on the wall in Leo Frank's office.
Monteen Stover's testimony left people presuming Leo Frank was in the metal room between 12:05pm and 12:10pm, when he sexually assaulted and garroted Mary Phagan. Leo Frank would later accidentally affirm it, during his murder trial on August 18, 1913, at 2:45pm, 30 minutes into his four hour speech, with what amounted to an unmistakable virtual murder confession.
The Leo Frank's Most Incriminating Statement to the Jury on August 18, 1913
It was on August 18th 1913, Leo Frank mounted the witness stand at 2:15PM at his trial, and would retort to the specific testimony given by Monteen Stover (about Leo Frank not being in his office from 12:05pm to 12:10pm), with a most unexpected, mind-boggling blunder, an admission inescapably entrapping himself and considered to be the equivalent to a murder confession. Leo Frank changed the alibi he had stoically maintained for more than 3 months.
Leo Frank's Retort About the Inconsistency in his Murder Alibi Caused by Monteen Stover:
Now gentlemen [of the Jury], to the best of my recollection from the time the whistle blew for twelve o’clock [noon on Saturday, April 26, 1913] until after a quarter to one [12:46 p.m.] when I went up stairs [to the fourth floor] and spoke to Arthur White and Harry Denham, to the best of my recollection, I did not stir out of the inner office [located at the front of the second floor]; but it is possible that in order to answer a call of nature or to urinate I may have gone to the toilet [in the metal room located at the rear of the second floor]. Those are things that a man does unconsciously and cannot tell how many times nor when he does it (Leo Frank Trial Statement, August 18, Brief of Evidence, 1913, p.186).
"Unconsciously" Going to the Bathroom in the Metal Room
In response to Monteen Stover, Leo Frank testified he may have "unconsciously" gone to the bathroom in the metalroom to use the toilet or to urinate to account for his lapse of unaccountable time in his empty office between 12:05 to 12:10 PM. This testimony was so grossly incriminating, because in order to get to the bathroom, one has to physically walk into and through the second floor metal room where the bathroom was located inside. There were no other bathrooms on the second floor, but in the metal room.
The State's prosecution team led by Hugh Dorsey spent nearly 4 weeks in total, during the longest criminal trial in Southern history at the time, building it's entire case and successfully convincing the Judge and Jury, that Leo M. Frank murdered Mary Phagan in the second floor metal room between 12:05pm and 12:10 PM on Confederate Memorial Day, April 26th 1913.
The 12:05 to 12:10 PM murder time frame was decided upon by the prosecution because, it was this exact time range given by Frank to Atlanta police on Monday, April 28, 1913, when Leo said Mary Phagan had come into his office on April 26, 1913. The deposition was entered as evidence: State's Exhibit B.
Leo Frank's August 18, 1913, statement about his "unconscious" bathroom visit amounted to a virtual murder confession, not only because the only bathroom on the second floor was in the metal room, but also because of the time frame was when he originally said Phagan was in his office. State's Prosecution Attorneys Solicitor General Hugh M. Dorsey and Frank Arthur Hooper would articulate the virtual murder confession in their closing arguments August 21, 22, 23, and 25, 1913, in a matter of sentences for a balanced reason. The prosecution tried to give every piece of incriminating evidence equal weight in their arguments, not putting too much emphasis on each point, rather they acted as if each point of incriminating evidence were a thread, bound together with many threads to make an invincible hangman's noose (See: Argument of Hugh M. Dorsey, 1913).
The August 18, 1913, Leo Frank revelation was the first time in Southern U.S. history, that the prime suspect indicted for murder would validate the prosecutions murder theory. People are still flabbergasted by it today, but most re-tellings of the story leave out this curious detail. Few people have heard about it for the last 100 years, until the 21st century.
The August 18, 1913, Leo Frank incident ensured a total shutout and victory for the State's prosecution.
The Jury, August 25, 1913
With less than 2 hours of deliberation, the jury had arrived at it's unanimous decision with a verdict of guilt and unanimously made a sentencing recommendation of without mercy (they voted 12 to 0 for the sentence of execution for Leo Frank by hanging).
The Presiding Judge Leonard Stickland Roan
On August 26, 1913, Judge Leonard Stickland Roan agreeing with the conviction, affirmed it and sentenced Leo Frank to death, scheduled for October 10th, 1913. However, the date would be rescheduled until 1915, because of appeals.
On March 9, 1914, the Atlanta Constitution published an interview of Leo Frank while he was incarcerated in jail awaiting news of his appeals. In the interview, Leo Frank reconfirmed his August 18, 1913, metalroom bathroom confession to explain why Monteen Stover found his office empty between 12:05pm and 12:10pm on April 26, 1913. Read the Atlanta Constitution, Monday, March 9, 1914, Leo Frank Jailhouse Interview
Leo Frank Appeals, August 27, 1913 - April, 1915
Two embarrassing years of frivolous appeals were made at the State and Federal Court Systems, because it was found out the Leo M. Frank defense team was criminally manufacturing affidavits and bribing people to false swear to lies or repudiate their testimony. In May of 1915, Leo Frank had one last hope, and appealed to the unscrupulous Governor of Georgia, John Marshal Slaton, who was part owner of the law firm originally representing Leo Frank at the infamous Southern trial of the century.
When Georgian Governor John M. Slaton, commuted his own law client's death sentence, to life in prison on June 21st 1915, there was public outrage at the perceived gross conflict of interest. Most people believed John M. Slaton was disqualified from being able to make an impartial decision in terms of whether or not to give Leo Frank clemency against the official wishes of the Judge, trial Jury and two years of majority decisions at every level of the United States Appellate System.
Betrayal of the Oath to the Constitution of the United States of America
Southerners raged indignantly, because Governor John M. Slaton on the last page of his commutation order said he was sustaining the decisions by the jury and appeals courts. What also made matters hard to swallow is Governor John M. Slaton completely disregarded the sworn trial testimony of Newt Lee, Harry Scott, Monteen Stover, Jim Conley, Leo Frank and 19 girls whose testimony incriminated Leo Frank.
Protesting the Decision
Immediately after the commutation of Leo Frank, a demonstration of 1,200 people marched on John M. Slaton's residence at the Governor's mansion, and in a terrified response, had the armed national guard not been called in to disperse the crowd, their was widespread fear John Slaton would have been lynched. In two separate towns Slaton had been hanged in effigy.
Leo Frank Transferred to the State Penitentiary
After the John M. Slaton clemency scandal, Leo Frank was secretly whisked away to Milledgeville, Georgia, a minimum security work farm nearly 150 miles from Atlanta.
On July 17, 1915, an inmate shanked Leo Frank, slashing his left jugular vein with a 7 inch butcher knife. Leo Frank barely survived and his wounds were slow to heal in the hot and humid Georgia summer, and one month later, Leo Frank would meet his verdict by a group of prominent Southern vigilantes.
Lynch Party Conspiracy
A well organized lynch party came together in critical mass immediately after the Leo Frank commutation order of June 21, 1915, it was a group comprised of elite men that donned themselves the "The Knights of Mary Phagan", formed by the leadership of the "good o'le (old) boys", Georgia's most prominent members of government and the upper crust members of Marietta citizenry.
Nearly two months after the June 21, 1915, commutation, the lynch party launched one of the most audacious prison breaks in US history, in an unprecedented commando style raid, unleashed with military precision, they seized and abducted Leo Frank from the Milledgeville prison on August 16, 1915 at 11PM. The abduction was so well executed it was achieved without a single shot being fired.
The lynch party made up of several dozen men drove Leo Frank 150 miles from Milledgeville all through the night in a tail gating party conga line, of slow rolling model-T fords at approximately 18 miles an hour. The caravan of lynch party members delivered Leo Frank to his final destination at Sheriff William Frey's Gin (now 1200 Roswell Road, Marietta, Ga), the preplanned place Leo Frank was to be hanged. The execution site was a location in the close proximity of where Mary had once lived and was buried.
A 3/4" manila rope was prepped into a hang mans noose, it was thrown over a sturdy oak tree branch, the thickness of a mans thy, and the loop was placed snugly around Leo Frank's neck. Leo Frank was carefully hoisted onto a small table by four men, two on either side of him, to hold him steady. With the vertical noose securely snug around Leo Frank's neck, the other end of the rope was tied off to a nearby tree with no slack, the sentence of the Jury was read by an official Judge and the table was kicked away.
In a normal hanging, the person falls through a trap door and their neck is broken, causing them to instantly die, in this case, Leo Frank did not have enough room to fall when the table was kicked away and as a result he was strangled in midair, dying the same way Mary Phagan had died 2.3 years earlier.
Leo Frank was properly lynched on the morning of August 17th, 1915 at 7:17AM, for the bludgeon, rape and strangulation of 13 year old Mary Anne Phagan.
Anti-Defamation League of B'nai B'rith
Leo Frank was president of the elite Jewish Fraternal organization B'nai B'rith, his August 1913 conviction became part of the impetus for the creation of the Jewish Anti-Defamation League (ADL) of B'nai B'rith in October 1913.
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More excellent books and reading on the subject include:
0. The Leo Frank Case (Mary Phagan) Inside Story of Georgia's Greatest Murder Mystery 1913
- The first neutral book written on the subject in 1913. This 1913 book has facts about the case not found in most books.
1. The Murder of Little Mary Phagan by Mary Phagan Kean
(Available here on www.Archive.org). Written by Mary Phagan Kean, the grand niece of Mary Phagan. A neutral account of the events surrounding the trial of Leo Frank. The Murder of Little Mary Phagan is well worth reading and it is a refreshing change from the endless number of Jewish and contemporary books turning the Leo Frank case into a neurotic race obsessed tabloid controversy.
2. American State Trials, volume X (1918) by John Davison Lawson LLD
(Available here on www.Archive.org) Tends to be biased in favor of Leo Frank and his legal defense team, this document provides an abridged version of the Brief of Evidence, leaving out some important things said and omitting details when it republishes parts of the trial testimony. Be sure to read the closing arguments of Luther Zeigler Rosser, Reuben Rose Arnold, Frank Arthur Hooper and Hugh Manson Dorsey. For a more complete version of the Leo M. Frank trial testimony, read the 1913 murder trial brief of evidence found on www.archive.org and you can see what was left out.
3. Argument of Hugh M. Dorsey in the Trial of Leo Frank
(Available here on www.archive.org). Some but not all of the 9 hours of arguments given to the jury at the end of the Leo Frank trial. About 18 Libraries in the world have copies of this books. This is required reading to see how Dorsey in sales vernacular 'closed' a Jury of 12 men and Judge Roan who voted 13 to 0 against Leo Frank.
4. Leo M. Frank, Plaintiff in Error, vs. State of Georgia, Defendant in Error. In Error from Fulton Superior Court at the July Term 1913, Brief of Evidence.
Extremely rare, only 1 copy exists, and it is at the Georgia State Archive. (available on www.archive.org)
Three Major Atlanta Dailies: The Atlanta Constitution, The Atlanta Journal, The Atlanta Georgian (Hearst's "Yellow Journalism"), The most relevant newspaper issues center around April 28th to August 27th 1913.
5. Atlanta Constitution Newspaper: The Murder of Mary Phagan, Coroner's Inquest, Grand Jury, Investigation, Trail, Appeals, Shanking and Lynching of Leo Frank Case in the Atlanta Constitution Newspaper from 1913 to 1915. http://archive.org/details/LeoFrankCaseInTheAtlantaConstitutionNewspaper1913To1915
6. The Atlanta Georgian newspaper covering the Leo Frank Case from April though August, 1913. http://archive.org/details/AtlantaGeorgianNewspaperAprilToAugust1913
7. The Atlanta Journal Newspaper, April, 28, 1913, through till the end of August, 1913, pertaining to the Leo Frank Case: http://archive.org/details/AtlantaJournalApril281913toAugust311913
Leo Frank confirms he might have been in the bathroom at the time Monteen Stover said his office was empty: See the Atlanta Constitution, Monday, March 9, 1914, Leo Frank Jailhouse Interview
Tom Watson's Magazine Provides Leo Frank Trial Analysis
8. Tom Watson's Jeffersonian and Watson's Magazine: Watson's Magazine, January 1915
, Watson's Magazine, March 1915
; Watson's Magazine, August 1915
, Watson's Magazine, September 1915
, and Watson's Magazine, October of 1915
. (Available here on www.Archive.org). Tom Watson's best work on the Leo M. Frank case was published in September 1915. Watson's five works written collectively on the Leo M. Frank topic, provide logical arguments confirming the guilt of Leo M. Frank with superb reasoning.
These five works are absolutely required reading for anyone interested in learning about the Leo M. Frank Case. Tom Watson's magazine publications surged from 30,000 to 100,000 readership, when it was announced he would be writing on the Leo Frank case. These magazines are extremely rare and very difficult to find. However they have been scanned and are available on www.Archive.org
8.1. The Leo Frank Case By Tom Watson (January 1915) Watson's Magazine Volume 20 No. 3. See page 139 for the Leo Frank Case
. Jeffersonian Publishing Company, Thomson, Ga., Digital Source Archive.org
8.2. The Full Review of the Leo Frank Case By Tom Watson (March 1915) Volume 20. No. 5. See page 235 for 'A Full Review of the Leo Frank Case'. Jeffersonian Publishing Company, Thomson, Ga.
, Digital Source www.Archive.org
8.3. The Celebrated Case of The State of Georgia vs. Leo Frank By Tom Watson (August 1915) Volumne 21, No 4. See page 182 for 'The Celebrated Case of the State of Georgia vs. Leo Frank". Jeffersonian Publishing Company, Thomson, Ga.
, Digital Source www.Archive.org
8.4. The Official Record in the Case of Leo Frank, Jew Pervert By Tom Watson (September 1915) Volume 21. No. 5. See page 251 for 'The Official Record in the Case of Leo Frank, Jew Pervert'. Jeffersonian Publishing Company, Thomson, Ga.
, Digital Source www.Archive.org
8.5. The Rich Jews Indict a State! The Whole South Traduced in the Matter of Leo Frank By Tom Watson (October 1915) Volume 21. No. 6. See page 301. Jeffersonian Publishing Company, Thomson, Ga.
, Digital Source www.Archive.org
Though Tom Watson is considered a controversial figure by some, when one puts the rhetoric aside, his writings on the Leo Frank case are quite lucid, making a very complex trial easy to understand.
Tom Watson's Jeffersonian Weekly Newspaper
9. The archive of Tom E. Watson Digital Papers, the University of North Carolina at Chapel Hill, contains the full collection of Jeffersonian Newspapers: http://www.lib.unc.edu/dc/watson
Leo Frank cult members (known as Frankites) are posing as neutral reviewers and attempting to convince people not to read Tom Watson's analysis about the Frank-Phagan affair. Watson's analysis of the case is the controversial forbidden fruit of truth that have been censored for more than 100 years. For a nearly complete selection of: Tom Watson's Jeffersonian newspaper articles related to the Murder of Mary Phagan and Leo Frank Case
. Tom Watson discusses the Leo Frank Case in his Jeffersonian Newspapers from 1914 to 1917.
Tom W. Brown, Grandson of Thomas Edward Watson
10. Notes on the Case of Leo M. Frank
, By Tom Watson Brown, Emery University, Atlanta, Georgia, 1982. Tom W. Brown, fell for the Leo Frank bitemark hoax.
Leo Frank Case Research Archive and Library of Primary Sources:
11. The Leo Frank Archive: http://www.LeoFrank.org
, The American Mercury www.TheAmericanMercury.com
and Live Leak www.LiveLeak.com
Georgia Supreme Court Archive:
12. Leo Frank Trial and Appeals Georgia Supreme Court File
(1,800 pages). http://archive.org/details/leo-frank-georgia-supreme-court-case-records-1913-1914
This case refuses to gather dust, read the sources above to findout why.
Please support the Internet Archive (www.Archive.org) with donations as often as possible.